Defacto visa refused. Appealing to MRT. Need advise

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Defacto visa refused. Appealing to MRT. Need advise

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Old 09-15-2010, 11:36 AM
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Smile Defacto visa refused. Appealing to MRT. Need advise


I am new to this forum. Seeking advise of what actions I can take. Please help.

Currently me and my partner (same sex / defacto relationship) living in Melbourne. We've been together for more then 3 years. I am a foreigner and my partner is an Australian Citizen.

I applied for permanent visa sponsorship under defacto / same sex relationship within 8 months of our relationship. I understand that you need to be at least for 12 months before you lodge the application. Which was a big mistake.

Before we lodge the application we have credit card, bills, fixed deposit account and super under our name. We also have statutory declarations from our friends. The only thing the rental lease is not under both our names

Now the Department of Immigration refused my visa due to evidence indicates the relationship began less then 12 months before the application was made.

We have to appeal to the Migration Tribunal. We have now a Relationship defacto certificate from the Marriage, Birth and Death Registry. The lease is under both our names. We have two dogs.

I want to know please should that be sufficient enough? What should I do to win this appeal.

I have a lawyer that is helping us at the moment however he advise that he stated that the best thing for me would be leave the country and applied it offshore.

I am scared that if I do leave the country and reapplied I might not able to enter back thus it would be a big blow for my partner as we joint loans and etc. Not to mentioned it would be financial strapped for us to do so and my work would greatly be effected.

Is there any other options? Please let me know. Thanks so much.

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Old 09-15-2010, 04:11 PM
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I'm not sure that you could win that appeal because NOW you've been together 12 months+. At the time of application you weren't and you can't change that.Your appeal would be to challenge the reason for rejection which sounds like it was given correctly. I think (and I stress the word think!) that a new application would probably be best. With a new application they will reassess the time you've been together which is now over 12 months.

You must have some sort of visa now if you are working? Or are you doing freelance? You can always apply offshore then return on a tourist visa if permitted. However that will not allow you to work legally.

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Old 09-15-2010, 05:38 PM
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I agree with desde as at the time you applied, by your own admission you did not meet the 12 months relationship requirement, Immi have no choice but to refuse an application unless there were exceptional circumstances as are listed in CAQ of partner visa eligibility section.
The Immi regulations are set by legislation and so variations are very limited and what the MRT will do is look at the legislation and if Immi have ruled consistent with that your appeal will not be upheld and I am surprised that the lawyer did not readily advise you as such.
He may have said that you will need to leave to apply offshore for if you are now on a bridging visa, there are restrictions with bridging visas re being able to apply for another visa.
If you have the 12 months together now and also the relationship registration, there should not be a problem with you applying again and as desde says you could look at getting a tourist visa or ETA to return on while the visa was being processed.
It is unfortunate but the regulations are the regulations and you'll be better to reolve it the most expedient way and that will be via another application.

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